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company resolution

Forums › Ask ACCA Tutor Forums › Ask the Tutor ACCA LW Exams › company resolution

  • This topic has 3 replies, 2 voices, and was last updated 8 years ago by MikeLittle.
Viewing 4 posts - 1 through 4 (of 4 total)
  • Author
    Posts
  • February 11, 2017 at 7:02 pm #372009
    tony0117
    Member
    • Topics: 56
    • Replies: 12
    • ☆☆

    Mike,

    As always, I really appreciate your help!

    1. Do all resolutions in AGM must give 21 days notice whether they are ordinary, special or with special notice?

    2. Is ‘appointing a new director’ done through ordinary resolution?

    February 11, 2017 at 7:12 pm #372012
    MikeLittle
    Keymaster
    • Topics: 27
    • Replies: 23321
    • ☆☆☆☆☆

    It’s the AGM that requires 21 days.

    The notice requirement for the resolutions doesn’t change but, because the AGM requires 21 days, it’s expedient to give notice of the resolutions at the same time as the AGM notice is sent out

    OK?

    Appointment of new director – yes, always by ordinary resolution (eventually) Between AGMs the directors normally have the power to appoint new directors but those appointees must submit themselves for re-election at the next AGM

    OK?

    February 12, 2017 at 1:31 pm #372076
    tony0117
    Member
    • Topics: 56
    • Replies: 12
    • ☆☆

    1. So it will ultimately be just ordinary resolution with special notice (28 days) that require any further notices if it is in AGM?

    2. I am slightly confused about when they have to retire. I have read that all directors must retire at the end of the financial year but you have also mentioned in the online lecture about 1/3 rule. Which one do they follow?

    Thank you

    February 12, 2017 at 2:17 pm #372083
    MikeLittle
    Keymaster
    • Topics: 27
    • Replies: 23321
    • ☆☆☆☆☆

    “So it will ultimately be just ordinary resolution with special notice (28 days) that require any further notices if it is in AGM?” – no, to appoint a new director requires only an ordinary resolution – special notice is not required

    All directors must retire every year if it’s an FTSE 350 company

    Otherwise, subject to anything contrary in the constitution, the 1/3 rule applies

    OK?

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